Legal Question in Business Law in Vermont

A Not-A-Lawyer Suing a lawyer in Small Claims Court

I was hired to be the videographer at a wedding last month. The people who hired me are the groom's parents. The groom's father is an attorney. The bride and groom signed the contract; the groom's father is paying. They have paid the deposit as requested, but now the groom's father is refusing to pay the balance due.

One of the things that they had asked for was to have the DVD completed within a week after the wedding, and I have done this for them. They also had 48 hours to notify me of anything (changes, concerns, etc); yet they did not, and so the video was therefore considered finished 48 hours after they had received it via FedEx. Now they are saying that they want for me to remove my 5 second logo from the video, change the music, and also purchase the raw footage (which I have told them several times that it is not available due to liability reasons).

If I take a lawyer to Small Claims Court, do you think that I at least have a chance of winning my case, or will I lose (since he's a lawyer and I'm not)?

Who is the actual client here? The bride and groom? Or the groom's parents?

Are criminal charges also an option? (...since they now have two DVDs which haven't been paid for... stolen property, perhaps?)


Asked on 7/15/08, 8:41 pm

1 Answer from Attorneys
Marissa Bracke Beyond Boilerplate

Re: A Not-A-Lawyer Suing a lawyer in Small Claims Court

1. This is probably not a great prospect for a criminal charge; it sounds like your best bet will be to sue for breach of contract.

2. Since the bride and groom signed the contract, you would sue them. Where they got their money to pay for the contract (in this case, from the groom's father) does not change the fact that they are the ones who signed the document, indicating that they were making themselves liable for its performance.

3. Even though it seems like the deck is stacked against you, don't assume that an attorney always has the upper hand in small claims court (assuming the groom's dad will represent them). Some judges (not all, certainly) are known to go a little easy on a self-represented litigant, especially if he's facing an attorney on the other side. (That's not to say the judge is more likely to find in your favor, but he may be more forgiving if you don't word everything exactly right, or if you aren't as well-versed in courtroom procedure.) Be respectful and professional in the courtroom and in your dealings with the court (and with the other side), and you will be fine.

4. You may want to ask an attorney to review the signed contract. The wording of a contract is vital in a breach of contract claim, so an attorney who has a chance to review the contract itself will probably be able to give you a better opinion on what the strengths of your claims are, and where your claim might be weaker. I recommend having an attorney take a look at your contract, if your budget allows it. Getting a more specific opinion may cost you some money up front, but it could save you a lot of time and hassle as you pursue your claim.

I wish you good luck, and I hope your next contract goes much more smoothly than this one!

All the best,

Marissa Bracke

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Answered on 7/15/08, 10:29 pm


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